The Blood-Money for Accidental Injury

Malik related to me that the generally agreed on way of doing things amongst the community in the event of an accident is that there is no blood-money until the victim is better. If a man's bone, either a hand, or a foot, or another part of his body, is broken accidentally and it heals and becomes sound and returns to its proper form, there is no blood-money for it. If the limb is impaired or there is a scar on it, there is blood-money for it according to the extent that it is impaired.

Malik said, " If that part of the body has a amount of specific blood-money mentioned by the Prophet, may Allah bless him and grant him peace, it is according to what the Prophet, may Allah bless him and grant him peace, specified. If it is something that does not have a specific blood-money mentioned by the Prophet, may Allah bless him and grant him peace, and there is no previous sunna about it or specific blood-money, one uses ijtihad about it."

Malik said, " There is no blood-money for an accidental bodily injury when the wound heals and it returns to its proper form. If there is any scar or mark, ijtihad is used about it except for the belly-wound. There is a third of the blood-money of a life for it."

Malik said, " There is no blood-money for the wound which splinters bone in the body, which is like the wound to the body which lays bare the bone."

Malik said, " The generally agreed on way of doing things in our community is that when the doctor performs a circumcision and cuts off the glans, he must pay the blood-money. That is because it is an accident which the tribe is responsible for, and the full blood-money is payable for everything in which a doctor errs or exceeds, when it is not intentional."

The Blood-Money of Women

Yahya related to me from Malik from Yahya ibn Sa'id that Sa'id ibn al-Musayyab said, " The blood-money for a woman is the same as for a man up to one-third of the blood-money. Her finger is like his finger, her tooth is like his tooth, her injury which lays the bone is like his, and her head wound which splinters the bone is like his."

Yahya related to me from Malik that Ibn Shihab and also 'Urwa ibn az-Zubayr said the same as Sa'id ibn al-Musayyab said about a woman. Her blood-money from a man is the same up to a third of the blood-money of a man. If what she is owed exceeds a third of the blood-money of the man, she is given up to half of the blood-money of a man.

Malik said, " The explanation of that is that she has blood-money for a head wound that lays bare the bone and for a that splinters the bone and for what is less than the brain wound and the belly wound anound that lays bare the bone and for anything that splinters the bone and for what is less than the brain wound and the belly wound and any such wounds which obliges a third of the blood-money or more. If the amount owed her exceeds that, her blood-money for that is half of the full blood-money of a man."

Yahya related to me from Malik that he heard Ibn Shihab say, " The precedent of the sunna when a man injures a woman is that he must pay the blood-money for that injury and there is no retaliation against him."

Malik said, " That is accidental injury, as when a man strikes a woman and the blow lands where he did not intend - for instance, if he struck her with a whip and cut her eye open and things like that."

Malik, speaking about a woman who has a husband and children who are not from her paternal relatives or her people, said that since he is from another tribe there is no blood-money against her husband for her criminal action, nor against any of her children if they are not from her people, nor against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternal relations have paid blood-money from since the time of the Messenger of Allah, may Allah bless him and grant him peace. Until today it is like that with the mawla of a woman. The inheritance they leave goes to the children of the woman even if they are not from her tribe, but the blood-money of the criminal act of the mawla is only against her tribe."

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